UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 79187675
MARK: LENOVO
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Lenovo (Beijing) Limited
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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INTERNATIONAL REGISTRATION NO. 1299513
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.
In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – Limited to Classes 9 & 41
Partial Refusal Limited to Classes 9 & 41
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration No. 3226026 and 4763338. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registrations.
In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods and/or services, and similarity of the trade channels of the goods and/or services. See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
Marks are Identical (U.S. Reg. No. 3226026)
In the present case, Applicant’s mark is "LENOVO" and Registrant’s mark is "LENOVO". These marks are identical in appearance, sound, and meaning, because Applicant's mark is a standard character claim mark “and has the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, Llc, 116 USPQ2d 1406, 1411 (TTAB 2015). A mark in typed or standard characters may be displayed in any lettering style; the rights reside in the wording or other literal element and not in any particular display or rendition. See In re Viterra Inc., 671 F.3d 1358, 1363, 101 USPQ2d 1905, 1909 (Fed. Cir. 2012); In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010); 37 C.F.R. §2.52(a); TMEP §1207.01(c)(iii). Thus, a mark presented in stylized characters and/or with a design element generally will not avoid likelihood of confusion with a mark in typed or standard characters because the marks could be presented in the same manner of display. See, e.g., In re Viterra Inc., 671 F.3d at 1363, 101 USPQ2d at 1909; Squirtco v. Tomy Corp., 697 F.2d 1038, 1041, 216 USPQ 937, 939 (Fed. Cir. 1983) (stating that “the argument concerning a difference in type style is not viable where one party asserts rights in no particular display”).
Additionally, because they are identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services. In re i.am.symbolic, Llc, 116 USPQ2d at 1411.
Therefore, the marks are confusingly similar.
Marks are Similar (U.S. Reg. No. 4763338)
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v). “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.” In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).
In the present case, Applicant’s mark is "LENOVO" and Registrant’s mark is "STONEWARE A LENOVO COMPANY (Stylized)". The visual and phonetic similarities between the respective marks are high. The entirety of Applicant's mark is "LENOVO" while the remaining portions of the cited mark are "STONEWARE", "A" and "COMPANY". The terms "A" and "COMPANY" are descriptive as used in connection with the mark. Registrant itself has disclaimed the term "COMPANY" in connection with the mark which thereby acknowledges that "COMPANY" is descriptive. Please reference attached registration. The letter "A" is a common letter in the English language often used to start sentences. Please see attached evidence from Wikipedia and Merriam Webster's Dictionary. Therefore, these terms are less significant when comparing the respective marks.
Further, Applicant's mark and Registrant's mark have a substantially similar overall commercial impression. The cited mark displays the "STONEWARE" literal portion prominently and above the remaining "A LENOVO COMPANY" literal portions of the mark. The structure of Registrant's mark suggests that "STONEWARE" is the sub-brand that it associates with the identified goods, while simultaneously suggesting that the umbrella brand that owns the sub-brand "STONEWARE" is the company "LENOVO". As the above-referenced case law supports, incorporating the entirety of one mark within another and adding additional language does not obviate the similarity between the compared marks.
Therefore, Registrant's mark and Applicant's mark are substantially similar as to create a likelihood of consumer confusion.
Goods and/or Services are Related
The respective goods and/or services need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).
Absent restrictions in an application and/or registration, the identified goods and/or services are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Additionally, unrestricted and broad identifications are presumed to encompass all goods and/or services of the type described. See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re Elbaum, 211 USPQ 639, 640 (TTAB 1981)); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992).
In this case, portions of the identification set forth in the application and registration have no restrictions as to channels of trade, or classes of purchasers. Therefore, it is presumed that these goods and/or services travel in all normal channels of trade, and are available to the same class of purchasers. Further, the application uses broad wording to describe its computer, software and related goods and is presumed to encompass all goods of the type described, including those in Registrant’s more narrow identification, namely "computer software that provides web-based access to applications and services through a web-operating system or portal interface" and the like and vice-versa.
Therefore, Applicant’s and Registrant’s goods are considered related for likelihood of confusion purposes. See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
In this case, portions of the identification set forth in the application and has no restrictions as to channels of trade, or classes of purchasers. Therefore, it is presumed that these goods and/or services travel in all normal channels of trade, and are available to the same class of purchasers. Further, the application uses broad wording to describe the services and this wording, namely, the education services, training and related services are presumed to encompass all services of the type described, including those in Registrant’s more narrow identification, namely " education and teaching, namely, arrangement of training courses in teaching institutes, arranging professional workshop and training courses; providing of training, namely, business training, computer education training, training for handling scientific instruments and apparatus for research in laboratories, training in the field of design, advertising and communication technologies" and the like.
Therefore, Applicant’s and Registrant’s services are considered related for likelihood of confusion purposes. See, e.g., In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202-04 (TTAB 2009); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1268-69, 1271-72 (TTAB 2009).
Based on the foregoing, a likelihood of confusion exists between Applicant's mark and the cited registration and registration is refused under Section 2(d) of the Trademark Act.
(1) Record the assignment with the USPTO’s Assignment Recordation Branch for registrations based on Trademark Act Section 1 or 44 (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov/), and record the assignment with the International Bureau of the World Intellectual Property Organization for registrations based on Section 66(a); and promptly notify the trademark examining attorney that the assignment has been duly recorded.
(2) Submit copies of documents evidencing the chain of title.
(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of U.S. Registration Nos. 3226026 and 4763338.” To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, find “Active Prior Registration(s)” and insert the U.S. registration numbers in the data fields; and follow the instructions within the form for signing. The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.
TMEP §812.01; see 15 U.S.C. §§1060, 1141l; 37 C.F.R. §§2.193(e)(1), 3.73(a)-(b), 7.22; TMEP §502.02(a)-(b).
The trademark examining attorney notes that further information regarding ownership by related companies and likelihood of confusion determinations is available at the Trademark Manual of Examining Procedure guidelines at www.uspto.gov. See TMEP §1201.07.
Recording a document with the Assignment Recordation Branch or the International Bureau does not constitute a response to an Office action. See TMEP §503.01(d).
Although Applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. If Applicant responds to the refusal(s), Applicant must also respond to the requirement(s) set forth below.
IDENTIFICATION OF GOODS – INDEFINITE
Class 9
The wording "computer displays" in the identification of goods is indefinite and must be clarified because Applicant must indicate the type of computer displays, e.g., "flat panel displays, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer storage apparatus" in the identification of goods is indefinite and must be clarified because Applicant must indicate the type of computer storage apparatus, e.g., "devices, namely, blank flash drives, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "encoded integrated circuits and chip cards" in the identification of goods is indefinite and must be clarified because Applicant must indicate the function or purpose of the encoded circuit and chip cards, e.g., "for use in encoding digital video, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "electronic information storage server system" in the identification of goods is indefinite and must be clarified because Applicant must indicate the nature of the storage systems, e.g., "computer, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The wording "enterprise storage application" in the identification of goods is also indefinite and must be clarified because Applicant must indicate the type of application, e.g., "software, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The wording "in network storages," "network attached storages" and "storage area networks" in the identification of goods is also indefinite and must be clarified because Applicant must indicate the type of network storages, e.g., "local, computer, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "accessories thereof" as it relates to the "handheld mobile and wearable digital electronic devices" in the identification of goods is indefinite and must be clarified because Applicant must indicate the nature of the accessories, e.g., "replacement parts accessories, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "CD-ROMs" in the identification of goods is indefinite and must be clarified because Applicant must indicate the type of the CD-ROMs, e.g., "blank CD-ROMs, pre-recorded CD-ROMS, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. If pre-recorded, Applicant must also indicate the subject or field, e.g., "pre-recorded CD-Roms featuring music, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "gamepads" in the identification of goods is indefinite and Applicant must clarify the nature of the goods. Specifically, Applicant must indicate whether or not the television accessory gamepads are in fact touch pads. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "materials" in the identification of goods is indefinite and must be clarified because Applicant must specify that the nature of the materials, the type and subject matter of the materials, e.g., "digital materials, namely, downloadable audio files, etc. in the field of {indicate subject matter, e.g., music, etc.} . . ." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "audio components and accessories" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of components, e.g., "audio electronic components, etc." and the specific types of accessories, e.g., "surround sound systems, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "sacks and bags, all for use with computers and portable handheld digital electronic devices" in the identification of goods is indefinite and must be clarified because Applicant must specify the exact nature of the use of such sacks and bags, e.g., "specially adapted for holding computers, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Further, Applicant must specify the types of handheld digital electronic devices, e.g., "cell phones, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "portable listening devices, namely, digital recorders and playback equipment" in the identification of goods is indefinite and must be clarified because Applicant must the type of digital recorder, e.g., "digital video recorder, etc." and type of playback equipment, e.g., "sound and video recording playback machines, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "single crystal silicon in the form of wafers, chips and unformed for use for scientific purposes and semiconductor use," in the identification of goods is indefinite and must be clarified because Applicant must clarify that the wording "unformed" relates to the single crystal silicon and must identify the specific type of goods e.g., "wafers, etc.," as well clarify the specific use(s) of the semiconductors, e.g., "for testing semiconductors, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer communications software to allow customers to access account information and business transactions" in the identification of goods is indefinite and must be clarified because Applicant must indicate the specific types of accounts, e.g., "business accounts, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for graphic arts, animation and manipulation of images" in the identification of goods is indefinite and must be clarified because Applicant must indicate what the function of the computer software is and indicate the nature of the graphic arts, animation and images, e.g., "for creating digital graphic arts, digital animation, and digital images, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for use in database management, for use as a spreadsheet, for word processing, for accounting, for business development, for customer service in a wide variety of fields that may be downloadable from a global computer network" in the identification of goods is indefinite and must be clarified because Applicant must clarify that the software is for use in the fields of accounting, business development and customer services. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer system integration" in the identification of goods is indefinite and must be clarified because Applicant must indicate the nature of the computer system integration, e.g., "downloadable middleware software for computer system integration, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for use with a global positioning system (GPS)" in the identification of goods is indefinite and must be clarified because Applicant must indicate the function of the software, e.g., "computer operating software, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for use in recording, organizing, transmitting, manipulating and reviewing text, data, audio files, video files and electronic games in connection with computers, televisions, television set top boxes, audio players, video players, media players, telephones and handheld digital electronic devices" in the identification of goods is indefinite and must be clarified because Applicant must indicate the types of audio players, e.g., "digital audio players, etc.," the types of video players, e.g., "video disc players, etc." and the types of handheld digital electronic devices, e.g., "cell phones, MP3 players, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for instant messaging, sending and receiving emails and contact information, schedule sharing, content sharing, playing, sharing and managing multimedia files, recording, organizing, transmitting, manipulating and reviewing text, audio files, video files and computer game programs in connection with television apparatus, computers, music players, video players, media players and mobile phones" in the identification of goods is indefinite and must be clarified because Applicant must clarify that the computer software is used in connection with the aforementioned devices to perform the aforementioned functions. Applicant must also indicate the type and/or purpose of the television apparatus, e.g., "for projection purposes, etc.," must specify the type of music player, e.g., "portable music player, etc." and must specify the type of video players, e.g., "video disc players, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software and hardware for managing networking devices and computers" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of networking devices, e.g., "data, etc." and must specify the type or feature of the computers that the management applies to, e.g., "computer network interface devices etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software and hardware for the management, control and networking of services" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of networking, e.g., "data, etc." and must specify the type of server, e.g., "computer server, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for use with computer servers, data storage devices and computer memory devices" in the identification of goods is indefinite and must be clarified because Applicant must specify the specific function of the software, e.g., "computer operating software, etc." and must specify the nature and type of data storage devices, e.g., "computer data storage devices, namely, external computer hard drives, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "operating systems software" in the identification of goods is indefinite and must be clarified because Applicant must specify the nature of the operating systems software, e.g., "computer operating systems software, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer software for systems administration" in the identification of goods is indefinite and must be clarified because Applicant must specify the nature and type of systems, e.g., "mobile operating systems, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "software for managing the network configurations of a network entity based on the location of a computational entity in the network" in the identification of goods is indefinite and must be clarified because Applicant must specify the nature of the software, e.g., "computer software, etc.," must specify the nature of the network, e.g., "local area network, etc." and must indicate the specific type of computational entity, e.g., "computational entity code." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "network interface modules for servers, switch modules, transceivers and computer accessories" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of servers, e.g., "networks servers, etc." and must specify the specific computer accessories, e.g., "computer routers, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "software used in a networked computer server environment to avoid downtimes and maintain the integrity of the networked computer and switching/routing devices so as to ensure the robustness and performance of the networked system by automating the configuration of components in the networked computer server environment" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of software, e.g., "computer software, etc." and must clarify the nature of the downtimes, e.g., "operational, downtimes, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer hardware and software for controlling the operation of or execution of programs and networks for server systems and workstations" in the identification of goods is indefinite and must be clarified because Applicant must indicate the specific type of programs, e.g., "computer programs, etc.," must indicate the type of network, e.g., "local area networks, etc.," must indicate the type of server, e.g., "network server, etc.," and must indicate the type of workstation, e.g., "computer workstation, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "computer switches consisting of hardware and software and capable of facilitating or enabling virtual servers and virtual computers through software of hardware design" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of hardware and software, e.g., "computer hardware and software, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "couplers, wires, cables, chargers, docks, docking station, interfaces and adapters" in the identification of goods is indefinite and must be clarified because Applicant must clarify the nature of the wires, cables, chargers, docks, docking stations, interfaces and adapters, e.g., "electric wires, electric cables, wireless chargers, electronic docks, computer docking stations, electronic display interface and computer network adapters, etc.," See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "portable digital electronic devices and software related thereto" in the identification of goods is indefinite and must be clarified because Applicant must indicate the specific types and/or purpose of the portable digital electronic devices, e.g., "cell phones, MP3 players, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Further, Applicant must specify the function of the software, e.g., "operating software, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "software for telecommunication and communication via local or global communications networks via local or global communications networks, including the internet, intranets, extranets, television, mobile communication, cellular and satellite networks" in the identification of goods is indefinite and must be clarified because Applicant must indicate the purpose of the software e.g., "for connecting computer network users, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Also, the wording "including" in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods and must be all-inclusive. See TMEP §1402.03(a).
The wording "enables" in the identification of goods and/or services appears to be misspelled and is thus indefinite; the spelling must be corrected or the wording further clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording for the incorrect spelling, if accurate: "enabled." Also, the wording "such as" in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods and must be all-inclusive. See TMEP §1402.03(a).
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 9, the classification assigned by the International Bureau for these goods and/or services.
Class 14
The wording "bracelets [jewelry] incorporating functions of watches, speed sensors, pace counters, measurements of calorie consumption, distances, momentum, heartbeat measuring monitor, built-in pedometers" in the identification of goods is indefinite and Applicant must clarify that the bracelets are functioning as jewelry and must also clarify the nature of the watch functions, must clarify the nature of the speed sensors, e.g., "speed sensor detection, etc.," must indicate the nature of distances, e.g., "distances measurements, etc." and must indicate the nature of momentum, e.g., "momentum motion measurements, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording "parts and fittings for all the aforesaid goods" in the identification of goods is indefinite and vague must be clarified because Applicant must indicate the exact nature of the parts and fittings, e.g., "replacement parts, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "key fobs" in the identification of goods is indefinite and must be clarified because Applicant must clarify that the fobs are made of precious metal. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 14, the classification assigned by the International Bureau for these goods and/or services.
Class 18
The wording "bags" in the identification of goods is indefinite and must be clarified because Applicant must specify the type of bags, e.g., "carry-all, messenger bags, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 18, the classification assigned by the International Bureau for these goods and/or services.
Class 35
If Applicant’s retail services involve retail sales, then applicant should amend the identification in International Class 35 to specify (1) the nature of the retail activity provided (e.g., retail stores, retail distributorships, retail outlets), and (2) the field or type of goods offered through those retail services. See TMEP §§1301.01(a)(ii), 1402.11.
The wording "computerized data retrieval services for digital text, data, images, audio and video works" in the identification of goods is indefinite and must be clarified because Applicant must clarify the function of the data retrieval services, e.g., "computerized database management, etc." See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 35, the classification assigned by the International Bureau for these goods and/or services.
Class 36
The wording "including but not limited to" in the identification of services is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific services and must be all-inclusive. See TMEP §1402.03(a).
The wording "extension of retail credit services for the purchase of computers, consumer electronics and related accessories" in the identification of services is indefinite and must be clarified because Applicant must indicate the nature of credit services, e.g., "issuing credit cards, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "payment services" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of payment services, e.g., "payment verification services, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "providing and underwriting warranty and extended warranty contracts" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific nature of underwriting services and field of such services, e.g., "underwriting warranty programs in the field of {indicate specific field, e.g., computer hardware etc.}" and must clarify that the Applicant provides services related extended warranty contracts. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 36, the classification assigned by the International Bureau for these goods and/or services.
Class 38
The wording "communication and telecommunication services" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of communication services, e.g., "satellite communication services, telecommunication access services etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "provision of connectivity services and access to electronic communications networks" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of connectivity services, e.g., "telecommunication connectivity services, telecommunication access services etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "provision of telecommunications access and links to computer databases and the internet" in the identification of services is indefinite and must be clarified because Applicant must indicate the nature of the links, e.g., "on-line communications links, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 38, the classification assigned by the International Bureau for these goods and/or services.
Class 41
The wording "education services, providing of training, instruction and entertainment" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of education services and nature of the training and instruction, e.g. "education services, namely, providing computer education training, instruction etc." and must indicate the nature of the entertainment services, e.g., "entertainment services in the nature on-line competitions, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "conferences" in the identification of services is indefinite and must be clarified because Applicant must clarify that it provides the arrangement and conducting of educational conferences. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "online services" in the identification of services is indefinite and must be clarified because Applicant must clarify the types of online services, e.g., "online computer website services, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "arranging and conducting of exhibitions, workshops, seminars and video conferences" in the identification of services is indefinite and must be clarified because Applicant must clarify the nature of the services, e.g., "educational exhibitions, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "providing electronic publications" in the identification of services is indefinite and must be clarified because Applicant must clarify that Applicant is providing "online, and non-downloadable" electronic publications. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 41, the classification assigned by the International Bureau for these goods and/or services.
Class 42
The wording "computer consultancy services" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of consultancy services, e.g., "in the field of hosting computer software applications, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "development of server architecture" in the identification of services is indefinite and must be clarified because Applicant must indicate the specific type of server, e.g., "computer server, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "scientific and technological services" in the identification of services is indefinite and must be clarified because Applicant must clarify that the specific scientific and technological services are research and design. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "troubleshooting support" in the identification of services is indefinite and must be clarified because Applicant must clarify the specific type of troubleshooting services, e.g., "diagnosing server problems, etc." See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "including" in the identification of services is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific services and must be all-inclusive. See TMEP §1402.03(a).
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods and/or services in International Class 42, the classification assigned by the International Bureau for these goods and/or services.
The following substitute wording is suggested, if accurate:
Batteries; battery chargers; accumulators; photographic and digital cameras; computer hardware; computer peripheral equipment;
computers; computer servers; desktop computers; laptop computers; notebook computers; tablet computers; mobile personal computers; computer keyboards; computer mice; computer monitors; computer
flat panel displays; computer game software and programs; computer storage apparatus, devices, namely,
blank flash drives; routers; blank and encoded integrated circuit and chip cards and encoded integrated circuit and chip cards for {specify
the function of purpose}; electronic information storage computer server systems for use in enterprise storage software application, in computer network storages, computer network
attached storages and storage local area networks, consisting of computer hardware, computer peripherals and operating system software; handheld,
mobile and wearable digital electronic devices, capable of providing access to the internet, for the sending and receiving of telephone calls, electronic mail and other data and digital media
including, namely, mobile telephones, smart phones, smart watches, smart watch phones and replacement
part accessories thereof; modems; Blank CD-ROMs; compact disc recorders and players; power adapters; ink jet printers; printers for use
with computers; protective covers for laptop computers and tablet computers; scanners for use with data processing equipment and computers; televisions including, namely, smart TVs and accessories in the nature of set-top boxes, gamepads touch pads¸3D glasses and remote controls
all for use with televisions; apparatus for recording, transmission and/or reproduction of sounds, images, or other data; apparatus, instruments and digital materials, namely, downloadable audio files in the field of {indicate subject matter} for transmitting and/or
receiving and/or recording sound and/or images; audio electronic components and accessories, namely, surround
sound systems; carrying cases, sacks and bags, all for use with and the sacks and bags specially adapted for holding computers and
portable handheld digital electronic devices, namely cell phones; computer hardware and software for the reproduction, processing and streaming of
audio, video and multimedia content; computer hardware and software for controlling the operation of audio and video devices and for viewing, searching and/or playing audio, video, television,
movies, photographs, and other digital images and other multimedia content; earphones; headphones; built-in wireless audio and video receivers and electronic docking stations for use with electronic
book readers, tablet computers, MP3 players, MP4 players, mobile phones and smart phones; portable listening devices, namely, CD players, digital and analog cassette decks, digital video recorders and playback equipment, namely, sound and video recording and playback machines for personal
use; single crystal silicon in the form of wafers, chips and unformed single crystal silicon wafers for use for scientific purposes and semiconductor
use, namely, testing semiconductors; integrated circuits; computer communications software for connecting computer network users and global computer
networks; computer communications software to allow customers to access business account information and business transactions; computer e-commerce
software to allow users to perform electronic business transactions via a global computer network; computer game software; computer graphics software; computer software for creating digital graphic arts, digital animation and manipulation of digital images; computer screen saver software; computer search engine software; computer software for use in database management, for use as a spreadsheet,
and for word processing, in the fields of for accounting, for business development,
for customer service in a wide variety of fields that may be downloadable from a global computer network; computer software development tools; computer software for accessing information
directories that may be downloaded from the global computer network; computer software for application and database integration; downloadable middleware software
for computer system integration; computer software for creating searchable databases of information and data; computer software for the collection, editing, organizing, modifying, book
marking, transmission, storage and sharing of data and information; computer software for communicating with users of hand-held computers; computer
software that assists computers in deploying parallel applications and performing parallel computations; computer software to automate data warehousing; computer software to control and improve
computer and audio equipment sound quality; computer software to enhance the audio-visual capabilities of multimedia applications, namely for the integration of text, sound, graphics, still images
and moving pictures; computer software, namely, an application allowing sales and field service employees to update and receive data stored in an enterprise's computer databases in real time, using a
mobile device, with full integration of the phone and/or software features of the mobile device; computer telephony software; computer operating
software for use with a global positioning system (GPS); computer application software for mobile phone, portable media players and handheld computers, namely, software for voice recognition;
computer software for creating, authoring, distributing, downloading, transmitting, receiving, playing, editing, extracting, encoding, decoding, displaying, storing and organizing text, data,
graphics, images, audio, video and other multimedia content, electronic publications and electronic games; computer software for use in recording, organizing, transmitting, manipulating and reviewing
text, data, audio files, video files and electronic games in connection with computers, televisions, television set top boxes, digital audio players,
video disc players, media players, telephones and handheld digital electronic devices, namely, cellphones and
MP3 players; computer software for instant messaging, sending and receiving emails and contact information, schedule sharing, content sharing, playing, sharing and managing multimedia
files, recording, organizing, transmitting, manipulating and reviewing text, audio files, video files and computer game programs for use in
connection with television apparatus for projection purposes, computers, portable music players,
video disc players, media players and mobile phones; computer software and hardware for managing data networking devices and computers network interface devices; computer software and hardware for the management,
control and data networking of computer servers; computer operating software for use with computer servers, computer data storage devices,
namely, external computer hard drives and computer memory devices; computer operating systems software; computer software for mobile operating systems administration; computer software for managing the network configurations of a
local area network entity based on the location of a computational entity code in the local area network; computer software for performing automatic communications switching in computer networks; network interface modules for network servers, switch modules, transceivers and computer accessories, namely, computer routers; computer software used in a networked computer server environment to avoid operational downtimes and
maintain the integrity of the networked computer and switching/and routing devices so as to ensure the robustness and performance of the
networked system by automating the configuration of components in the networked computer server environment; computer hardware and software for controlling the operation of or execution of computer program and local area networks for network
server systems and computer workstations; computer switches that enable enhanced input/output (I/O) for an entire rack of computer servers; computer
switches consisting of computer hardware and computer software and capable of facilitating or
enabling virtual servers and virtual computers through computer software and computer hardware
design; electrical and electronic connectors, couplers, electric wires, electric cables, wireless chargers, electronic docks, computer docking
stations, electronic display interfaces and computer network adapters for use with all the
aforesaid goods; portable digital electronic devices, namely, cell phones and operating software
related thereto; software for telecommunication and communication for connecting computer network users via local or global communications networks,
including namely, the internet, intranets, extranets, television, mobile communication, cellular and satellite networks; user manuals in
electronically readable, machine readable or computer readable form for use with and sold as a unit with all the aforementioned goods; mobile telephone cases and mobile telephone holders;
smartwatches enablesd for wireless communications with electronic terminals, namely such
as smart phones, tablet computers, PDAs and computers, in International Class 9;
Watches; watch straps; watch bands; chronoscopes; clocks; parts for watches, clocks and horological and chronometric instruments;
cases for watches, clocks and horological and chronometric instruments; bracelets being[jewelry] and incorporating functions of watches, namely, speed sensor detection,
pace counters, measurements of calorie consumption, distances measurements, momentum motion
measurements, heartbeat measuring monitors, built-in pedometers; watch cases; watch glasses; replacement parts and fittings for
use in connection with all the aforesaid goods; key fobs of precious metal, in International
Class 14;
Back packs, ruck sacks, messenger bags, suitcases, leather shoulder belts, key cases, luggage tags, all aforementioned goods of leather or imitation leather, in International Class 18;
Online retail store services provided via a global computer network featuring computer hardware,
computer software, computer peripherals, consumer electronics, telecommunications apparatus, mobile phones, handheld and mobile digital electronic devices, accessories, peripherals and carrying cases
for such devices and demonstration of such the aforesaid goods; retail store services
featuring computer hardware, computer software, computer peripherals, consumer electronics, telecommunications apparatus, mobile phones, handheld and mobile digital electronic devices, accessories,
peripherals and carrying cases for such the aforesaid devices and demonstration of such the
aforesaid products; computerized data retrieval database management services for digital text, data, images, audio and video
works, in International Class 35;
Financial services, namely, including but not limited to credit counseling services related to the acquisition of goods; extension of retail store credit services, namely, issuing credit cards for the purchase of computers, consumer electronics and related accessories; financing services; lease-purchase financing services; payment
verification services; providing and underwriting warranty programs in the field of {indicate specific
field} and providing extended warranty contract services, in International Class
36;
Maintenance, installation and repair of computer hardware, computer peripherals, consumer electronic devices, electric appliances, office machines as well as telephonic and photographic equipment and apparatus; maintenance of computer hardware for use in networking computing, in International Class 37;
Satellite communication and telecommunication access services; communication by computer terminals; computer aided transmission of messages and images; providing telecommunication connections to a global computer network;
electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; provision of telecommunication connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; provision of
telecommunications connections to electronic communications networks for transmission or reception of audio, video or multimedia content; provision of telecommunications access and on-line communications links to computer databases and the internet; electronic transmission of computer software for smart phones, mobile phones and handheld
electronic devices via the internet and other computer and electronic communication networks; information, advisory and consultancy services relating theretoto all the aforesaid services, in International Class 38;
Education services, namely, providing of computer
education training, computer education instruction and entertainment services in the nature of
on-line competitions relating to computers, computer software, multimedia products, interactive products and online services, telecommunication apparatus, mobile phones, handheld and
mobile digital electronic devices; Workshops, arranging and conducting educational conferences and seminars in the field of computers, computer
software, online computer website services, information technology, website design and consumer electronics; arranging professional workshops and
training courses; computer education training services; arranging and conducting of commercial, trade and business conferences; arranging and conducting of educational exhibitions, workshops, seminars and video conferences; providing online, non-downloadable electronic publications,
namely, electronic publications for browsing and downloading via computer networks, namely, books, pamphlets, brochures, newsletters, journals and magazines relating to computer
hardware, computer software, mobile phones, smart phones, handheld and mobile electronic devices, in International Class 41; and
Computer consultancy services in the field of hosting computer software applications; computer
hardware and software design, editing, updating, testing, research and advisory services; consulting services in the field of design, selection, implementation and use of computer hardware and
software systems for others; computer software design; computer system design; computer system analysis; planning, designing, implementing and developing computer networks for others; design,
installation, interconnection, testing and maintenance of computer software for use in network computing; computer systems and computer network integration; development of a computer server architecture consisting of computer hardware, computer software, semiconductors and electronic devices and creating framework conditions for
designing, developing, managing and providing computer hardware, computer software, semiconductors and electronic devices; installation and maintenance of computer software; development and
maintenance of computing network software for others; recovery of computer data; updating computer software for others; computer and consumer electronic diagnostic services; computer programming
services; scientific and technological services, namely, research and design in the fields of computer hardware, computer software, computer
peripherals, portable and/or electronic devices, communications and information technology and research and design relating thereto; providing consulting services and technical support
services, namely, troubleshooting support in the nature of diagnosing server problems for computers, computer hardware, computer peripherals,
servers, network equipment, computer software and consumer electronic devices, namely, including handheld mobile digital electronic devices;
computer consultation services for determining the compatibility of computer hardware with computer software; computer consultation services for computer hardware and computer software for use in the
field of heat exchangers and thermal management; technological consultation services in the field of design, selection, implementation and use of heat exchangers and thermal management systems;
computer services, namely, creating an online community for registered users to participate in discussions, share recommendations, get feedback from their peers, frorm virtual communities and engage in social networking; design, development, maintenance and management of application software for mobile phones, computers,
TV's and consumer audio and video electronics; maintenance, repair and updating of computer operating system software; computerized data storage services for digitial text, data, images and
audion and video works, in International Class 42.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
ENTITY CLARIFICATION REQUIRED
RESPONSE GUIDELINES
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths or U.S. territories. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).
In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.
DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.
/Erin R. Zaskoda/
Examining Attorney
Law Office 103
(571) 272-9740
erin.zaskoda@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.